[ SAN JUAN CITY ORDINANCE NO. 15 Series of 2015, March 02, 2015 ]

OFFICE OF THE SANGGUNIANG PANLUNGSOD

AN ORDINANCE REQUIRING MALLS, DEPARTMENT STORES AND OTHER SIMILAR ESTABLISHMENTS IN THE CITY OF SAN JUAN TO ESTABLISH BREASTFEEDING STATION AND APPROPRIATING FUNDS OF FIVE HUNDRED THOUSAND PESOS (P500,000.00) FOR THIS PURPOSE




Sponsored by: Councilors Michael Cristopher R. Mathay and Rolando M. Bernardo
and co-sponsored by: Councilors Arthur Alfredo E. Aquino, Marie O'neal Mendoza,
William C. Go, Angelo E. Agcaoili, Leonardo G. Celles, Janella Ejercito Estrada,
Richard F. Peralta, Edgardo V. Soriano, Ferdinand A. Velasco,
Jose Warren P. Villa and Allen Christopher M. Silvano


WHEREAS, the use of breast milk which is widely recognized as the best source of nutrition for babies, promotes the development of emotional bonding between the mother and child, bestow upon the newborn infant protection against infection, provides the mother natural contraception after delivery and protect the mother from closely spaced pregnancy;

WHEREAS, there is a need to continuously promote and encourage breastfeeding that would enable nursing mothers to continue expressing then milk and/or breastfeeding their infants or young child;

WHEREAS, there is a need to create enabling environment to support breastfeeding mothers and help them maintain breastfeeding as their feeding practice.

WHEREAS, there is a need to provide a special place for breastfeeding mothers so they won't get uncomfortable feeding their children and to prevent them to face the wall, sit in a booth, slip into a women's lounge or dressing room to breastfeed.

NOW THEREFORE, be it ordained by the SANGGUNIANG PANLUNGSOD of SAN JUAN CITY in a session duly assembled;

Section 1. Let this act be known as the "Breastfeeding Station Ordinance (BSO)".

Section 2.  DEFINITION OF TERMS:
  1. Breastfeeding - The feeding of an infant or young child with breast milk directly from female human breasts.

  2. Breastfeeding Station - private, clean, sanitary, and well-ventilated room where nursing mothers can wash up, breastfeed or express their milk comfortably.

  3. Infant - a child from birth to twelve (12) months of age.

  4. Young Child - is a child from the age of twelve (12) months and one (1) day up to thirty-six (36) months or 3 years.
Section 3. It is hereby mandated that malls, department stores and other similar establishments to establish a breastfeeding station with necessary equipment and facilities, such as: changing pad, lavatory for hand-washing, unless there is an easily-accessible lavatory nearby; a table; comfortable seats with pillows and curtain partitions where mother can hand express breast milk; diaper changing table; electrical outlets for breast pumps; hot and cold water, tissue dispenser, hand sanitizer and other items shall also be provided, the standards of which shall be defined by the City Health Office. The breastfeeding station shall be clean at all times, well ventilated, comfortable and free from contaminants and hazardous substances, and shall ensure privacy for the women to express their milk and/or in appropriate cases, breastfeed their child. The breastfeeding station shall not be located in the toilet.

Section 4. Compliance with this ordinance shall be a requirement for the granting and/or renewal of business licenses and permits. For this purpose, the Business Permit and Licensing Office (BPLO) shall require said compliance prior to approval of new and/or renewal applications for business licenses and permits.

Section 5. PENALTY CLAUSE: Any commercial establishment who violates the provision of this ordinance shall be penalized with the following fines:
1st Offense - Two Thousand Pesos (P2,000.00)
2nd Offense - Three Thousand (P3,000.00)
3rd Offense - Five Thousand Pesos (P5,000.00) and revocation and/or cancellation of business permit.
Section 6. The City Health Office shall be the lead agency together with the Business, Permits and License Office (BPLO), in the implementation and monitoring of the provision of this Ordinance for this purpose. The City Health Office shall have the following functions:
  1. Monitor compliance of this ordinance.

  2. Submit reports on the status of implementation of this Ordinance to the City Mayor and the Business Permit and Licensing Office.
Section 7. The City Treasurer is hereby directed to set aside and disburse the appropriated funds for this breastfeeding station in City Hall subject to the usual accounting and auditing rules and procedures.

Section 8. REPEALING CLAUSE - All Ordinances, executive orders, rules and regulations contrary to or inconsistent herewith are hereby deemed superseded, repealed or modified accordingly.

Section 9. SEPARABILITY CLAUSE - If for any reason or reasons, any part or provision of this Ordinance shall be declared unconstitutional, illegal or invalid, other parts which are not affected thereby shall continue to in full force or effect.

Section 10. EFFECTIVITY- This Ordinance shall take effect on April 1, 2015 and upon publication in a local newspaper of general circulation and posting in conspicuous places in all twenty one (21) Barangays.

(Sgd.) ALLEN CHRISTOPHER M. SILVANO
City Councilor
(Sgd.) ARTHUR ALFREDO E. AQUINO
City Councilor
   
(Sgd.) JANELLA EJERCITA ESTRADA
City Councilor
(Sgd.) WILLIAM C. GO
City Councilor
   
(Sgd.) MICHAEL CRISTOPHER R. MATHAY
City Councilor
(Sgd.) MARIE O'NEAL S. MENDOZA
City Councilor
   
(Sgd.) RICHARD F. PERALTA
City Councilor
(Sgd.) FERDINAND A. VELASCO
City Councilor
   
(Sgd.) JOSE WARREN P. VILLA
City Councilor
(Sgd.) EDGARDO V. SORIANO
Sergeat-at-Arms
City Councilor
   
(Sgd.) LEONARDO G. CELLES
Asst. Majority Floor Leader
City Councilor
(Sgd.) ANGELO E. AGCAOILI
Majority Floor Leader
City Councilor
   
(Sgd.) ROLANDO M. BERNARDO
President Pro-Tempore
City Councilor
 
I HEREBY CERTIFY THAT THIS ORDINANCE
HAS BEEN DULY APPROVED BY THE
SANGGUNIANG PANLUNGSOD ON MARCH 2, 2015.
   
(Sgd.) RIA P. ESTRELLA-PADILLA
City Government Department Hall II
Secretary, Sanggunuang Panglungsod
   
ATTESTED:
   
(Sgd.) HON. FRANCISCO JAVIER M. ZAMORA
Presiding Officer
City Vice-Mayor
   
APPROVED:  
   
(Sgd.) HON. GUIA G. GOMEZ
City Mayor